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South Dakota Public Utilities Commission Meeting
February 20, 2024, at 1:30 P.M. CST
DOT Commission Room, Becker-Hansen Building
Pierre, South Dakota
MINUTES OF COMMISSION MEETING
Commission Vice Chairman Gary Hanson called the meeting to order. Present were Commissioner Chris Nelson; Commission Attorney Kristen Edwards; Staff Attorneys Amanda Reiss and Logan Schaefbauer; Staff Analysts Darren Kearney, Brittany Mehlhaff, Eric Paulson, Joseph Rezac and Patrick Steffensen; Consumer Affairs Manager Deb Gregg; and Administrative Staff Mikayla Frick.
Also present were Ellie Bailey, Riter Rogers LLP, representing TrioTel Communications Inc. and Venture Communications, Inc.; and Kara Semmler, South Dakota Telecommunications Association.
Joining the meeting by telephone were Chairperson Kristie Fiegen; Ms. Sharon Warren, Inteserra Consulting Group, representing EarthGrid PBC CORPORATION; Jason Topp, Qwest Corporation dba CenturyLink QC; Andy Carlson, Taft, Stettinius & Hollister LLP, representing Assurance Wireless USA LP; Debra McGuire Mercer, Nelson Mullins Riley & Scarborough LLP, representing TracFone Wireless Inc.; Michele Nielson, Sioux Valley Southwestern Electric Cooperative Inc.; Eric Pauli, Xcel Energy; Paula Foster, Jordan Sillerud and Amber Stalboerger, Otter Tail Power Co.; Jeff Decker, NorthWestern Energy Public Service dba NorthWestern Energy; and Kathy Baerlocher, Nathan Bensen and Travis Jacobson, Montana-Dakota Utilities Co.
An audio recording of the meeting can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2024, February 20, 2024, recording located at: https://puc.sd.gov/commission/media/2024/puc02202024.mp3.
(Note): For the purpose of continuity, these minutes match the agenda and are not necessarily in chronological order.
Administration
- Approval of the Minutes of the Commission Meeting Held on February 6, 2024 (Deputy Executive Director: Leah Mohr)
Commissioner Nelson moved to approve the Minutes of the Commission Meeting held on February 6, 2024. Motion carried 3-0.
Consumer Reports
1. Status Report on Consumer Utility Inquiries (Consumer Affairs: Deb Gregg)
The Commission received a total of 63 contacts since the last report was prepared for the February 6, 2024, Commission meeting.
Three contacts were related to telecommunications services, 17 contacts were related to electric services, nine contacts were related to natural gas services, eight contacts were related to wireless telecommunications services, five contacts were related to the Do Not Call Registry, three contacts were related to carbon pipelines, two contacts were related to wind energy and 16 contacts were related to issues not regulated by the PUC.
1,430 of the 1,431 contacts received in 2023 have been resolved.
149 of the 159 contacts received in 2024 have been resolved.
Telecommunications
1. TC23-050 In the Matter of the Application of EarthGrid PBC CORPORATION for Certificates of Authority to Provide Local Exchange and Interexchange Telecommunications Services in the State of South Dakota (Staff Analyst: Eric Paulson; Staff Attorneys: Amanda Reiss, Logan Schaefbauer)
Ms. Sharon Warren, Inteserra Consulting Group, representing EarthGrid PBC CORPORATION, requested the Commission grant the company’s requests. Mr. Eric Paulson, staff analyst, recommended the Commission grant the company’s requests with restrictions on advance payments, deposits and prepaid calling cards. Ms. Warren responded to Commissioners’ questions but was unable to respond to all questions at this time and will provide responses to outstanding questions in the docket at a later time.
Vice Chairman Hanson deferred the docket to a later meeting.
2. TC23-055 In the Matter of the Filing for Approval of Amendment No. 2 to the Interconnection Reciprocal Transport and Termination Agreement between Verizon Wireless and TrioTel Communications, Inc. (Staff Analyst: Joseph Rezac; Staff Attorneys: Amanda Reiss, Logan Schaefbauer)
Ms. Ellie Bailey, Riter Rogers LLP, representing TrioTel Communications Inc. asked that the Commission approve the interconnection amendment between Verizon Wireless and TrioTel Communications, Inc. Ms. Amanda Reiss, staff attorney, stated that the amendment was properly filed, properly executed, and does not appear to contain discriminatory provisions, and no comments were filed. Ms. Reiss recommended that the Commission grant approval.
Commissioner Nelson moved to approve the amendment to the interconnection agreement. Motion carried 3-0.
3. TC23-056 In the Matter of the Filing for Approval of Amendment No. 4 to the Interconnection Reciprocal Transport and Termination Agreement between Verizon Wireless and Venture Communications, Cooperative, Inc. (Staff Analyst: Joseph Rezac; Staff Attorneys: Amanda Reiss, Logan Schaefbauer)
Ms. Ellie Bailey, Riter Rogers LLP, representing Venture Communications Inc. asked that the Commission approve the interconnection amendment between Verizon Wireless and Venture Communications Inc. Ms. Amanda Reiss, staff attorney, stated that the amendment was properly filed, properly executed, and does not appear to contain discriminatory provisions, and no comments were filed. Ms. Reiss recommended that the Commission grant approval with a revised title.
Commissioner Nelson moved to approve the amendment to the interconnection agreement. Motion carried 3-0.
4. TC24-001 In the Matter of the Approval of the Carrier Partner for Interconnected VoIP Provider Amendment to the Interconnection Agreement between Qwest Corporation dba CenturyLink QC and Airus, Inc. for the State of South Dakota (Staff Analyst: Patrick Steffensen; Staff Attorney: Logan Schaefbauer)
Mr. Jason Topp, Qwest Corporation dba CenturyLink QC, asked that the Commission approve the interconnection amendment between Qwest Corporation dba CenturyLink QC and Airus Inc. Mr. Logan Schaefbauer, staff attorney, stated that the amendment was properly filed, properly executed, and does not appear to contain discriminatory provisions, and no comments were filed. Mr. Schaefbauer recommended that the Commission grant approval.
Commissioner Fiegen moved to approve the amendment to the interconnection agreement. Motion carried 3-0.
5. TC24-002 In the Matter of the Petition of Assurance Wireless USA, L.P. for Designation as an Eligible Telecommunications Carrier for the Purpose of Offering Lifeline Service to Qualifying Customers (Staff Analyst: Eric Paulson; Staff Attorney Logan Schaefbauer)
Mr. Logan Schaefbauer, staff attorney, recommended the Commission approve the proposed procedural schedule filed by PUC staff on February 15, 2024. Neither Mr. Andy Carlson, Taft, Stettinius & Hollister LLP, representing Assurance Wireless USA, L.P. nor Ms. Kara Semmler, South Dakota Telecommunications Association, objected to staff’s recommendation.
Commissioner Nelson moved to approve the proposed procedural schedule. Motion carried 3-0.
6. TC24-005 In the Matter of the Filing of TracFone Wireless, Inc.’s Petition for Approval of a Designation as an Eligible Telecommunications Carrier in the State of South Dakota for the Limited Purpose of Providing Lifeline Service to Qualifying Customers (Staff Analyst: Eric Paulson; Staff Attorney: Logan Schaefbauer)
Ms. Kara Semmler, South Dakota Telecommunications Association (SDTA), asked the Commission to grant SDTA’s petition to intervene. Neither Ms. Debra McGuire Mercer, Nelson Mullins Riley & Scarborough LLP, representing TracFone Wireless Inc. nor Mr. Logan Schaefbauer, staff attorney, objected to the request.
Commissioner Fiegen moved the Commission grant SDTA’s petition to intervene. Motion carried 3-0.
Electric
1. EL17-050 In the Matter of the Application of Crowned Ridge Wind, LLC for a Facility Permit to Construct a 230 kV Transmission Line and Associated Facilities from Codington County to the Big Stone South Substation (Staff Analysts: Jon Thurber, Darren Kearney; Staff Attorneys: Kristen Edwards, Amanda Reiss)
Ms. Amanda Reiss, staff attorney, requested the Commission defer the docket.
Vice Chairman Hanson deferred the docket to a later meeting.
2. EL23-029 In the Matter of the Joint Request for an Electric Service Territory Boundary Change between Northern States Power Company dba Xcel Energy and Sioux Valley Southwestern Electric Cooperative, Inc. (Staff Analyst: Joseph Rezac; Staff Attorneys: Amanda Reiss, Logan Schaefbauer)
Mr. Eric Pauli, Northern States Power Company dba Xcel Energy, and Ms. Michele Nielson, Sioux Valley Southwestern Electric Cooperative Inc., requested the Commission approve the Electric Service Boundary Change between Xcel Energy and Sioux Valley Energy. Mr. Joseph Rezac, staff analyst, recommended the Commission approve the request.
Commissioner Hanson moved to approve the Service Territory Exchange Agreement between Xcel Energy and Sioux Valley Energy with the inclusion of the language suggested by Staff in Discovery Request 1-2 filed on January 24, 2024. Motion carried 3-0.
3. EL23-033 In the Matter of the Petition of Otter Tail Power Company for Approval of the Transmission Cost Recovery Rider Rate (Staff Analyst: Brittany Mehlhaff; Staff Attorneys: Amanda Reiss, Logan Schaefbauer)
Mr. Jordan Sillerud, Otter Tail Power Company, requested the Commission approve the company’s requested tariff revisions with an effective date of March 1, 2024. Ms. Brittany Mehlhaff, staff analyst, recommended the Commission approve the company’s tariff revision request. Ms. Amber Stalboerger, Otter Tail Power Co., responded to Commissioners’ questions.
Commissioner Nelson moved to approve the tariff revisions and TCR rate factors with an effective date of March 1, 2024. Motion carried 3-0.
Gas and Electric
1. GE24-001 In the Matter of the Application of NorthWestern Energy Public Service Corporation dba NorthWestern Energy for Approval of Tariff Revisions to its Sample Forms (Staff Analyst: Joseph Rezac; Staff Attorney: Amanda Reiss)
Mr. Jeff Decker, NorthWestern Energy Public Service Corporation dba NorthWestern Energy, requested that the Commission approve NorthWestern Energy’s tariff revisions with an effective date of March 1, 2024. Mr. Joseph Rezac, staff analyst, recommended that the Commission approve the request.
Commissioner Fiegen moved to approve the company’s requested tariff revisions effective March 1, 2024. Motion carried 3-0.
Natural Gas
1. NG24-001 In the Matter of the Filing by NorthWestern Corporation dba NorthWestern Energy for Approval of a Contract with Deviations with POET Biorefining - Hudson, LLC (Staff Analyst: Eric Paulson; Staff Attorney: Logan Schaefbauer)
Mr. Jeff Decker, NorthWestern Corporation dba NorthWestern Energy, requested the Commission approve the contract with deviations with POET Biorefining – Hudson LLC and the associated tariff revisions with an effective date of March 1, 2024. Mr. Eric Paulson, staff analyst, recommended the Commission approve the company’s request.
Commissioner Hanson moved to approve NorthWestern Energy’s contract with deviations with POET Biorefining – Hudson LLC and the associated tariff revisions with an effective date of March 1, 2024. Motion carried 3-0.
2. NG24-002 In the Matter of the Filing by Montana-Dakota Utilities Co., a Subsidiary of MDU Resources Group Inc., for Approval of Its Revised Conservation Tracking Adjustment (Staff Analyst: Patrick Steffensen; Staff Attorney: Amanda Reiss)
Mr. Nathan Bensen, Montana-Dakota Utilities Co. (MDU), asked that the Commission approve MDU’s revised Conservation Tracking Adjustment of $0.014 per dk and the associated Conservation Program Tracking Mechanism Rate 90 tariff sheet, with an effective date of March 1, 2024. Mr. Patrick Steffensen, staff analyst, recommended that the Commission approve MDU’s request.
Commissioner Nelson moved to grant Montana-Dakota Utilities Co.’s request for approval of the revised Conservation Tracking Adjustment of $0.014 per dk and the associated Conservation Program Tracking Mechanism Rate 90 tariff sheet, with an effective date of March 1, 2024. Motion carried 3-0.
There being no further business, at the hour of 2:24 p.m., the South Dakota Public Utilities Commission meeting adjourned.
/s/ Leah Mohr .
Leah Mohr
Deputy Executive Director
puc@state.sd.us
February 20, 2024
